CHICAGO ― The Appellate Court of Illinois recently held that the final report of a hospital internal review committee containing the group’s conclusions and recommendations is privileged under the Illinois Medical Studies Act. The court also held that medical journal articles used by such a committee during its review are privileged. The case, Anderson v. Rush-Copley Medical Center, Inc., ___ N.E.2d ___, 2008 WL 3854994 (Ill. App. 2nd Dist. (2008)), has been remanded to the trial court for further proceedings in light of the court’s ruling.
In Rush-Copley Medical Center, a patient was admitted to an emergency room at Rush-Copley Medical Center, complaining of shortness of breath, wheezing and a fever. The patient died later that day of bronchopneumonia. Her surviving husband subsequently filed a wrongful death and survival action against Rush-Copley. At trial, plaintiff sought production of documents related to the peer review process which was engaged in after the patient’s death. Rush-Copley refused the request. It was ultimately held in contempt by the trial court for its refusal and filed its appeal as to that and all related adverse orders of the court regarding the rulings on the admissibility of the subject documents.
Several courts had previously held that the recommendations of a peer review committee are not privileged. In holding otherwise in Rush-Copley Medical Center, the appellate court noted that “the Medical Studies Act is premised on the belief that, absent the privilege [provided for in 735 ILCS 5/8-2101], physicians might be reluctant to sit on peer-review committees and engage in frank evaluations of their colleagues.” The court’s decision clarifying the scope of the privilege under the Act should therefore aid hospitals in properly conducting open and effective internal peer reviews.
Hinshaw Partners Stanley J. Davidson and Stephen R. Swofford represented Rush-Copley in its appeal. Mr. Davidson, who represented the hospital at trial, will continue as trial counsel upon remand.
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